A public interest litigation has been filed in the Supreme Court seeking directions to set up an Inquiry Commission under the chairmanship of a retired Supreme Court judge to look into the entire aspect of clash between farmers and Delhi Police on January 26, 2021, during the farmers’ tractor rally.
The petitioner in person, Advocate Vishal Tiwari, submitted that the incident took place in Delhi on Republic Day has brought very serious consequences for the public.
Delhi is the heart of our country, whatever activity takes place here, affects the entire nation. The peaceful farmer protest was going on and it glorified our nation by the fact that in our democracy, the different opinion is also respected and protected. The sudden turn in the nature of protest has shocked the entire nation.
He submitted that due to this incident, internet services have also been interrupted and shut down due to which many professionals and particularly Advocates are facing hardships.
Calling it a serious matter, he said the protest was going on peacefully for the last two months then how did it turn into a violent one on January 26 and said an inquiry into this aspect is necessary.
The plea stated the question for consideration in national security and public interest arises that who is responsible for creating the disturbance and how and who turned the peaceful farmer protest into violent movement or how and who created the circumstances which let the protest turn violent?
Is police administration is responsible for it or for creating such circumstances?
Are farmers responsible for breaking the conditions of tractor march and committing violence?
Or there is some other force which wants to end the peaceful farmers’ protest by proving them wrong?
Or there are some other forces or organization which in the shade of farmers’ protest wants to fulfill its ambitions and goals.
He further stated,
“All aspects are to be inquired and looked upon. The blame is on both sides and the matter is to be inquired by an independent agency i.e by setting up an inquiry commission under the chairmanship of a retired Supreme Court judge.”
The Supreme Court also heard the issue of present farmers’ protest in some petitions. The Supreme Court observed that the protest is peaceful and the fundamental right to peaceful protest shall be safeguarded. So, when the protest was going on peacefully without any aggressive behaviour then how did it suddenly take a violent turn?
The petitioner alleged that there may be some conspiracy to cause disturbance and to damage the peaceful protest by some notorious forces or organizations and create a clash between police and protesting farmers. Or it was due to the lapses (maybe deliberate) from the side of police to create such circumstances in which disturbances will definitely occur.
The petitioner seeks directions (i) to set up a three-member inquiry commission in the matter for collecting the facts and evidence and for recording the evidence, the members comprising of two retired High Court judges and chairmanship of retired Justice of Supreme Court and shall submit the report before this court within a month; and
ii. Issue directions to register the First Information Report under relevant sections of India Penal Code and other penal provisions against the person/s or Organization/s who is found responsible for the incident and violence and causing the dishonour of our national flag.